The constitution applies to human beings in our custody and jurisdiction you fuckin halfwit.
You have no more love of the constitution and the rule of law than most of the psycopathes in prison.
You know not whereof you speak.
Did we take Nazis to court to try their asses and threaten them with prison?
Nope.
We engaged them in battle.
And if we captured some of those fucks alive, we held them without trials in POW camps for an indefinite amount of time with not prospect of a trial or of habeas corpus or any of those other things associated with Constitutional rights.
Now, of course, al qaeda scumbags are different. They are not legal enemy combatants. They don't have uniforms, for example, and they have no concern for the laws and rules of war. So they aren't properly held as POWs. In fact, that status is a privilege to which they are not entitled. But, since we (unlike them) are civilized, we do treat them fairly well, in a manner akin to POWs. And certainly they deserve nothing better. So if a legitimate uniformed legal enemy combatant can be held without trial, then some al qaeda fuck can be so held, too.
And if there is any kind of prosecution to be had for their savage, barbaric war crime behavior, it should not give rise to greater rights than those enjoyed by captured, non-uniform wearing enemy saboteurs or spies. Summary execution would be appropriate. And Constitutional "rights" still are not applicable. Or, more accurately stated, they shouldn't be.
But given some recent arbitrary and aberrant Court rulings, there is no certainty anymore. Too bad.